STATE OF UTTAR PRADESH Vs. PREMI

JUDGEMENT

(1.) Respondents 1 and 2 in this appeal who are brothers were convicted by the Sessions Court for the offence under Sections 452, 307 read with Section 34 and Section 302 read with Section 34, IPC. Their father, respondent No. 3, was also convicted for offence under Sections 452, 307 and Section 302 read with Section 34, IPC. Their conviction and consequently the sentence that had been imposed on them by the Sessions Court was set aside in appeal by the High Court in terms of the impugned judgment. The State is in appeal to this Court on grant of leave. During the pendency of the appeal, respondent No. 3, Devi Das died. The appeal thus abates against him.

(2.) The prosecution case in brief is that respondents 1 and 2, their father and another person entered the house of Raghubir (P.W. 3) at about midnight of 15th-16th January, 1977 while he was sleeping with his wife and children. After removing the quilt, the respondents held fast P.W. 3 and he was hit on the head with the butt of the country-made pistol. When Budh Wati alias Ved Wati, wife of P.W. 3, came to save him, she was also assaulted with butt of the pistol. On hearing their cries, Mathuri (P.W. 4) and Balwant, living in the same compound, came whereupon the accused ran away. P.W. 3 and his wife were assaulted because P.W. 3 was cited as a prosecution witness against the respondents and their father in the case of murder of one Rajinder son of Prem Sahai where they were accused. The place of occurrence is at a distance of about 9 kilometer from the Police Station. The FIR was recorded on the statement of P.W. 3 at 8.30 a.m. Budh Wati succumbed to her injuries at about 9.00 p.m. on 16th January.

(3.) The Sessions Court, on appreciation of the evidence of P.W. 3, P.W.4, Police officials and the medical evidence, convicted the three accused. The fourth person was not identified and, thus, could not be apprehended.